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The application site is located to the east of the B21, in the Abbeylands area of Onchan. Access is from the Abbeylands Road via a lane that leads to a fork, the northern branch of which eventually becomes a right of way. The north-western fork is also a right of way and leads past the farmhouse and onto East Baldwin. The site lies between the East Baldwin Valley and Abbeylands, to the north-west of the village of Onchan. The farmhouse and outbuildings contained within the application site are disused, largely abandoned and in a generally poor state of repair.
The application site, and buildings contained within it, has been the subject of a number of previous planning applications that could be considered to be of relevance to the assessment of this current planning application:
Planning application 97/2114 sought approval for the erection of an agricultural workers dwelling to replace derelict farm house, Ballairgey Farm, Abbeylands, Onchan. This application was initially considered and approved on the 26th May 1998, with the initial approval decision notice issued on the 29th May 1998.
Planning application 99/02051/B sought approval for the erection of a replacement farmhouse, Ballairgey, Abbeylands, Onchan. This application was initially considered and refused on the 30th August 2000, with the initial refusal decision notice issued on the 5th September 2000.
Planning application 01/02413/A sought approval in principle for the erection of a dwelling to replace the former farmhouse and barn, Ballairgey, Abbeylands, Onchan. This application was initially considered and refused on the 28th March 2002, with the initial refusal decision notice issued on the 10th April 2002. The initial refusal was confirmed at review on the 14th June 2002, with the review refusal decision notice issued on the 18th June 2002.
Planning application 02/02135/A sought approval in principle for the refurbishment of the derelict farmhouse and barn, Ballairgey, Abbeylands, Onchan. This application was initially considered and approved on the 21st March 2003, with the initial approval decision notice issued on the 25th March 2003. The initial approval was reversed at review on the 16th May 2003, with the review refusal decision notice issued on the 23rd May 2003. At appeal the Minister subsequently accepted the recommendation of the appointed Planning Inspector and approved the application on the 2nd September 2003.
Planning application 04/02587/B sought approval for part demolition and then reconstruction and extension of existing outbuilding to initially form temporary living accommodation and then
conversion to office, workshop and store, Ballairgey, Abbeylands, Onchan. This application was initially considered and refused on the 18th March 2005, with the initial refusal decision notice issued on the 22nd March 2005. The initial refusal was confirmed at review on the 6th May 2005, with the review refusal decision notice issued on the 12th May 2005.
Planning application 05/01511/B sought approval for the renovation and conversion of a barn and the reconstruction of the original farmhouse and outbuildings to form a single private residence with ancillary buildings, Ballairgey Farm, Abbeylands, Onchan. Following discussion with the applicant this application was withdrawn prior to any decision being made.
Onchan District Commissioners recommend that the planning application be approved.
The Department of Transport Highways Division object to the planning application. The basis for their objection can be summarised as concern that the planning application does not adequately address access arrangements, including the provision of a passing area on the public lane, the visibility for traffic leaving the private lane and the visibility for traffic leaving the junction as the Chapel.
The Isle of Man Fire and Rescue Service make no comment on the merits of the proposal but recommend the installation of smoke detectors.
The Isle of Man Water Authority make no comment on the merits of the proposal but request that an informative note be attached to any approval notice.
The Society for the Preservation of the Manx Countryside and the Environment make a number of comments regarding the proposal, which I would interpret as constituting an objection to the planning application.
Save Mann’s Heritage advise that they recognise that this current planning application attempts to address the problems of the previous planning application. They highlight concern regarding the lack of a structural engineer’s report to confirm that the buildings are capable of renovation.
A resident of Port Soderick, A Jessopp, advises that they have no objection to the planning application.
The application site is within the area covered by the Onchan Local Plan. Under the document the application site is designated as an area of open space comprised of woodland. There are no policies within the Onchan Local Plan that I consider to be specifically relevant to the assessment of this current planning application.
The Department’s general stance on new residential development in the countryside is set out by Planning Circular 1/88, Residential development – Houses in the countryside. The general stance on the re-use or conversion of existing buildings in the countryside is set out by Planning Circular 3/89, Renovation of buildings in the countryside.
The planning application seeks approval for the renovation and conversion of the farmhouse and outbuildings contained within the application site. The proposal was discussed prior to its formal submission. I met the applicant and his agent on site to discuss and understand the proposed development as part of this assessment.
In terms of the assessment of this current planning application I believe that the previous planning applications are key material planning considerations. Of particular relevance are planning application 02/02135/A and planning application 05/01511/B. The approval of planning application 02/02135/A allowed for the renovation of the buildings and clearly stated that permission would not be given for the rebuilding of the buildings. Planning application 05/01511/B, which sought approval for the rebuilding of the majority of the buildings, was withdrawn following my advice that it was clearly contrary to the conclusions of planning application 02/02135/A. The development proposed by this current planning application took account of my advice, revising the scheme to be renovation and to reduce its overall scale. I am satisfied that the development proposed by this current planning application suitably accords with the conclusions of planning application 02/02135/A. Primarily, on that basis I am satisfied that the planning application is acceptable.
I am satisfied that the conversion and renovation is sympathetic to the building and to the conclusions of the previous planning applications. The amount of rebuilding contained within the proposed development is restricted to a kitchen extension onto the farmhouse, an extension onto one of the existing barns and extension of one of the other barns. Based on my site visit it appears that the kitchen extension and the extension onto the existing barn follow the footprint of previous extensions. To my mind these extensions are acceptable and in keeping with the overall character of the dwelling. I consider the extension of the barn to be relatively minor and unobjectionable.
With regard to the objection of the Highways Division I would firstly highlight that this planning application is not the reserved matters for a previously approved 02/02135/A. This previous approval in principle has since lapsed and can only now be viewed as a material planning consideration. Even if this previous approval were still valid, and this current planning application sought approval as reserved matters, the issues raised by the Highways Division are not actually reflective of the conditions imposed on the approval in principle. Regardless of this, in terms of the objections I would advise that the applicant has indicated that they intend to look into the provision of a passing place once the dwelling is occupied so that they can establish the best position for such facility. In terms of visibility along the private lane and at the junction with the Chapel, as these are issues some considerable distance from the application site and are areas that are outside the direct control of the applicant I am of the opinion that it is unreasonable to refuse the planning application on that basis.
Given the conclusions of planning application 02/02135/A and the withdrawal of planning application 05/01511/B it clearly obvious that the applicant understands that the development has to be renovation and conversion rather than demolition and rebuild. Therefore in terms of the references to the structural ability of the buildings to be renovated and converted I am satisfied that the applicant knows the risks and that planning approval is unlikely to be granted for demolition and rebuilding.
Overall, I consider the development proposed by this planning application to accord the conclusions of previous planning applications and to be acceptable. Accordingly, I recommend that the planning application be approved.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
I consider that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Permitted Date of Recommendation: 07.03.2006
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to drawing no.s 0415A/01, 0415A/02 rev. A, 0415A/03 rev. A, 0415A/04, 0415A/05, 0415A/06, 0415A/07 rev. A, 0415A/08 rev. A, 0415A/09 rev. A and 0415A/10 rev. A date stamped the 20th December 2005.
C 3. This approval relates to renovation and conversion of the building as shown within the approved drawings. For the avoidance of doubt no approval is granted for the demolition and rebuilding of the building.
C 4. The residential curtilage is hereby defined as the dot dash line as shown on drawing no. 0415A/02 rev. A date stamped the 20th December 2005.
C 5. Prior to the commencement of any works details of the proposed method of retention and any underpinning of the building to be retained must be submitted to and agreed by the Planning Authority. The details to be submitted must be prepared by a qualified structural engineer or building surveyor.
C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) the property shall hereby not benefit from the permitted development rights contained within the Order.
N 1. With regard to condition no. 3 the applicant is advised that the onus to ensure conversion and renovation is achievable is with the applicant. Given the conclusions of previous planning applications it is emphasised that the permission is unlikely to be granted for rebuilding of the buildings.
N 2.
The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
N 3.
For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made: Permitted Date: 31/3/06
Signed: [Handwritten signature]
M. I. McCauley Director of Planning and Building Control
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